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DECREE No

DECREE No. 76/1998/ND-CP OF SEPTEMBER 26, 1998 AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE No. 39-CP OF JULY 5, 1996 OF THE GOVERNMENT

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Ordinance on the Vietnam People's Police of January 28, 1989 and the Ordinance amending Article 6 of the Ordinance on the Vietnam People's Police of July 6, 1995;

Pursuant to the Ordinance on the Handling of Administrative Violations of July 6, 1995;

Pursuant to Decree No. 80-CP of December 5, 1996 of the Government stipulating the organization and operation of the Specialized Communication and Transport Inspectorate;

At the proposals of the Minister of Communication and Transport and the Minister of Justice,

DECREES:

Article 1.- To amend and supplement a number of articles of Decree No.39-CP of July 5, 1996 of the Government on ensuring railway traffic order and safety as follows:

1. Clause 4, Article 29 is amended as follows:

"4. Electricity posts and telephone posts which are built after the date of promulgation of this Decree must be erected at a distance larger than the height of the posts, from the rail's outer edge."

2. To add Clause 6 to Article 42 as follows:

"6. Transporting passengers or goods without passenger tickets or freight tickets".

3. Clause 2, Article 44, is amended as follows:

"2. In cases where a train has to maneuver or to stop, thus blocking a crossroad, the time for the land-road traffic interruption shall comply with the regulations of the Ministry of Communication and Transport"

4. To add Clause 3 to Article 45 as follows:

"3. The Ministry of Communication and Transport shall prescribe the time for putting up barriers at bridges used for both land and rail traffic."

5. Point b, Clause 3, Article 54, is amended as follows:

"b) Failure to restore the railroad sections where drilling, digging, splitting or leveling are temporarily permitted after the projects are completed."

6. Clause 1, Article 56, is amended as follows:

"1. A warning or a pecuniary fine of VND 50,000 to 100,000 shall be imposed on one of the following acts:

a) Letting persons sit on the roof of the carriage; cling to the locomotive; stand or sit at the junction of two carriages.

b) Letting people peddle goods in railway stations or on trains.

c) Transporting persons without responsibility on freight trains; letting people mount on or alight from running trains; letting people lay on the luggage racks.

d) Selling passenger tickets and/or freight tickets exceeding the prescribed plan.

e) After an accident takes place, failing to protect the accident site or give first aid to the victims.

f) Improperly loading and unloading goods and/or luggage, thus causing imbalance or overload, or violating the regulations on size limits and reinforcement.

g) Failing to comply with the regulations on testing and checking brakes."

7. To add Points e and f to Clause 1, Article 59 as follows:

"e) Persons who are present without permission in the delimited safety area of a railway traffic project.

f) Parking or stopping land-road motorized means or rudimentary vehicles in the safety area of a railway traffic project."

Article 2.- This Decree takes effect 15 days after its signing.

All previous stipulations which are contrary to this Decree are now annulled.

Article 3.- The ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government shall, within their respective functions and tasks, have to guide and organize the implementation of this Decree. The presidents of the People's Committees of the provinces and cities directly under the Central Government shall base themselves on the situation and characteristics of their respective localities and their competence to elaborate regulations and plans for implementation of this Decree.

Article 4.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government

Prime Minister

PHAN VAN KHAI